OAR 125-246-0335
Authority and Standards for Personal Services Contracts


(1)

Application. For the purposes of this Rule only, “Personal Services” includes Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying Services, and Related Services.

(2)

Identification of Personal Services Contracts.

(a)

According to ORS 279A.140 (State procurement of goods and services)(2)(h), the Chief Procurement Officer may designate Contracts or classes of Contracts as Personal Services Contracts for the purposes of reporting Personal Services Contracts in accordance with ORS 279A.140 (State procurement of goods and services) and identifying the appropriate required procedures in accordance with ORS 279A.070 (Rules) and 279A.140 (State procurement of goods and services). In the event of uncertainty or disagreement as to the status of any particular Contract or class of Contracts, the Chief Procurement Officer may determine whether a particular contract is a Personal Services Contract.

(b)

The Authorized Agency must identify within the Contract that the Authorized Agency is contracting for Personal Services. A failure to adequately describe Personal Services within the Contract will not invalidate the Procurement or Contract if the Authorized Agency properly used a sourcing method according to ORS 279B.055 (Competitive sealed bidding) through 279B.085 (Special procurements) or 279C.100 (Definitions for ORS 279C.100 to 279C.125) through 279C.125 (Architectural, engineering, photogrammetric mapping, transportation planning and land surveying services selection process for local public improvements procured through state agency) and substantially followed the related Rules.

(3)

Contracting Out for Services Provided by Employees.

(a)

Where the Authorized Agency is contemplating contracting for Work performed by Authorized Agency employees represented by a labor organization, the Authorized Agency must review the relevant collective bargaining agreement to ensure the contract complies with the provisions and, if applicable, the requirements of ORS 279A.140 (State procurement of goods and services).

(b)

Whenever the Authorized Agency pays more in a given 12-month period to a Provider under a Personal Services Contract for services historically performed by state employees than would have been paid to the Authorized Agency employee performing the same Work, the Authorized Agency must report that fact, with a justifying statement to the Department. The report must be made at the conclusion of each fiscal year.

Source: Rule 125-246-0335 — Authority and Standards for Personal Services Contracts, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=125-246-0335.

125‑246‑0100
Application
125‑246‑0110
Definitions
125‑246‑0120
Policies
125‑246‑0130
Application of the Code and Rules
125‑246‑0135
Solicitation Templates
125‑246‑0140
Procurement Authority
125‑246‑0150
Applicability of These Rules to Agencies
125‑246‑0165
Delegation Policy and Procedures
125‑246‑0170
Delegation of Authority
125‑246‑0200
Affirmative Action
125‑246‑0210
Subcontracting to and Contracting with Emerging Small Businesses
125‑246‑0220
Governor’s Policy Advisor for Economic and Business Equity
125‑246‑0300
Preference for Oregon Supplies and Services
125‑246‑0310
Reciprocal Preferences
125‑246‑0314
Disabled Veterans Preference
125‑246‑0316
Lighting Preference Relating to Mercury
125‑246‑0318
Oregon Employment Preference
125‑246‑0319
Federally Funded Transit Projects — Preference for Exceeding Federal Buy America Requirements
125‑246‑0320
Recycling
125‑246‑0321
Recycling Policy
125‑246‑0322
Preference for Recycled Materials
125‑246‑0323
Recycled Paper and Paper Products
125‑246‑0324
Recycling: Food Service and Food Packaging
125‑246‑0330
Supplier Requirements
125‑246‑0333
Independent Contractors
125‑246‑0335
Authority and Standards for Personal Services Contracts
125‑246‑0345
Procedures for Personal Services Contracts
125‑246‑0350
Approval of Personal Services Contracts
125‑246‑0351
Acquiring Services before Obtaining Requisite Approvals of a Personal Services Contract
125‑246‑0353
Reporting Requirements for Personal Services Contracts
125‑246‑0360
Purchases Through Federal Programs
125‑246‑0365
ORS 190 Agreements (Intergovernmental)
125‑246‑0400
Cooperative Procurement
125‑246‑0500
Oregon Procurement Information Network (ORPIN)
125‑246‑0555
Contract Administration
125‑246‑0556
Procurement Files
125‑246‑0570
Reinstatement of Expired Contract
125‑246‑0576
Payment Authorization for Cost Overruns for Services Contracts
125‑246‑0580
Dispute Resolution
125‑246‑0600
Ethics in Public Contracting
125‑246‑0605
Ethics
125‑246‑0610
Appointments to Advisory Committees
125‑246‑0615
Nonretaliation
125‑246‑0620
Specifications
125‑246‑0621
Anti-Trust Laws
125‑246‑0625
Sole-Source
125‑246‑0630
Fragmentation
125‑246‑0635
Authorized Agency and Provider Communications
125‑246‑0800
Selling or Leasing Supplies and Services
125‑246‑0900
Penalties
Last Updated

Jun. 8, 2021

Rule 125-246-0335’s source at or​.us